Contract of carriage and ticket

3.1 Contract of transportation of passenger and/or baggage

3.1.1 Air transportation is done on the ground of agreement between the air carrier and passenger.

3.1.2 The conclusion of agreement of air transportation and its conditions are confirmed by the ticket that is issued to the passenger by the air carrier or distributor.

3.1.3 Ticket shall entitle the passenger, specified in the ticket, to be transported by the corresponding flight (flights) and shall oblige the air carrier to perform the carriage of the passenger and his/her baggage and to provide other services related to the carriage agreement, except as specified in paragraph 5 of this Article.

3.1.4 Terms of the agreement are attached to the ticket and shall contain information for the passengers about limitation of responsibility during transportation of the passenger and baggage, about taxes and fees; reporting time and check-in time limit, boarding; information about check-in baggage and cabin bag; time limit for bringing claims regarding improper transportation of baggage; information about ban to transport certain things in the checked baggage or in the cabin bag; rights of the passengers in case of refusal of transportation, cancellation or prolonged delay of the flight; address of the air carrier, whereon the passengers have the possibility to send their appeals; other information, which the air carrier considers necessary for the passenger. The conditions of the air carriage agreement do not contradict the provisions of Montreal Convention, Air code of Ukraine and these Rules.

3.1.5 Air carrier has the right to refuse to transport the passenger and render his/her ticket ineffective in case:

  • the ticket which is presented is damaged or modified not by the air carries or by its authorized sales agent;
  • it was found that the ticket was purchased by false/stolen or invalid payment card (credit card);
  • a ticket is presented with absent flight coupon on the corresponding flight, other unused flight coupons or passenger coupon;
  • error in sequence of usage of flight coupons due to a passenger’s fault;
  • improper use of the tariff or default in payment by the passenger of the cost of a ticket in full at the day  of air transportation through no fault of the air carrier and/or sales agent.

3.1.6. Tickets, held invalid through the airline’s fault and/or sales agent will be reissued upon request of the passenger. Tickets, held invalid due to the reasons that do not depend on the airline and/or sales agent, shall be subject to withdrawal without renewal.

3.1.7. Persons who are found on board an aircraft without a ticket, or tickets that the airline held invalid will have to disembark the aircraft.

3.1.8. In all cases the invalidation of the ticket or detection on-board of the person without a ticket or with the ticket held invalid by the air carrier, or the authorized person, which represents its interests, appropriate act shall be concluded, the original copy of which should be given to the passenger, and the other copy should be kept with the air carrier.

3.1.9. A passenger must keep the ticket and other travel documents before the end of carriage and in the event of a claim until such time as their claim is resolved. A ticket and other transportation documents issued to the passenger should be presented on demand to the officers of the air carrier, handling agent, airport operator.

3.2 Lost or damaged ticket

3.2.1 In case of loss or deterioration of a ticket (or part of it) by a passenger, upon passenger request the air carrier can replace such ticket (or part of it) by issuing a new ticket, provided the passenger signs an agreement to reimburse the air carrier for any costs and losses in the amount of the original ticket value, which may be incurred by air carrier if the original ticket is used by a third party. If the passenger does not sign such an agreement, the airline that is issuing the copy of the ticket shall be entitled to require the passenger to pay full cost of the ticket.

The airline shall be entitled to charge to the passenger a fee for services pertaining to issuing a replacement ticket, unless the loss or deterioration was due to negligence of the airline (its sales agent).

In case of loss or mutilation of a ticket issued by another carrier, a written permission from this carrier shall be required for replacing such a ticket.

3.2.2 The airline shall be entitled to refuse to issue a replacement ticket to the passenger if:

  • the passenger refuses to sign the agreement mentioned in paragraph 1. of this Article or refuses to pay a fee for services pertaining to issuing a replacement ticket;
  • passenger requires issuance of a replacement ticket at the airport on the day of flight operations less than three hours before time of departure of the scheduled flight, or in the hours of flight operation, when the carrier’s office, which must grant approval, is not working.
3.3 Prohibition to transfer the ticket

3.3.1. A passenger ticket must be used only for carriage of the person whose last name and name is shown on this ticket.

3.3.2. The airline shall be entitled to demand the identification of the passenger for the purposes of paragraph 1 of this Article.

3.4 Validity of the ticket

3.4.1    Validity of the ticket includes:

  • general term of validity of the ticket;
  • validity for transportation.

3.4.2. The general term of validity of the ticket shall cover the period from the date of issue of the ticket and the expiry of the period specified by the airline’s fare rules for a refund for an unused ticket.

3.4.3. Within the general term of validity of a ticket, a passenger shall be entitled to use the ticket for all transactions, provided for by these Aviation rules, including a seat for a certain flight and date, determined in the ticket, the refund value of a full or partially used transportation and for other settlements, as prescribed by these Aviation rules or the rules of air carrier.

3.4.4. A ticket with a guaranteed date of departure shall give the right to transport a passenger and baggage from the first airport, indicated in it, airport of transfer, stopover or return flight only on the date and flight indicated in the ticket.

3.4.5. Open-date ticket grants the right to transport the passenger and baggage from the corresponding airport only after reservation and entry into the ticket of the date of departure, time of departure and flight number by the air carrier or authorized person.

3.4.6. A ticket issued according to a normal fare shall be valid for carriage during one year from the date of carriage commencement if part of the ticket is used, and –  from the date of issue if the entire ticket was not used.

3.4.7. A ticket issued according to a special fare shall be valid for carriage only until the date specified in the ticket and on terms set forth by the rules of application of tariffs of the air carrier.

3.5 Prolongation of validity term of the ticket
  3.5.1 The validity term of the ticket, regardless of the type of the fare applied, can be prolonged if the airline:
  • cannot provide a seat for which the passenger has a confirmed reservation;
  • cancels the flight on which the passenger has a confirmed reservation;
  • has missed the agreed stopover;
  • fails to perform the flight within the reasonable terms, over the departure time which is specified in the ticket;
  • with its actions caused the situation when the passenger fails to transfer to another connecting flight, for which the passenger had a confirmed reservation and which is indicated in the same ticket as the previous flight;
  • cannot render services according to the paid for class of service. In this case, if the passenger agreed to further transportation, the validity of the ticket shall be extended until the first flight where space is available in the class of service for which the fare has been paid;
In case of illness of the passenger or the member of his/her family that is travelling with him on the aircraft, in case of submission of the corresponding certificate from a health care institution, the air carrier also prolongs the validity of the ticket.

3.5.2 If after having commenced the journey, a passenger is prevented from travelling within the period of validity of the ticket due to a disease or other reasons, the air carrier may extend the period of validity of passenger's ticket until the date when he/she becomes fit to travel or until the air carrier's first flight after such date, from the point where the journey is resumed where a seat is available in the paid for class of service.

The fact of a disease or other reasons shall be confirmed with a corresponding certificate issued by a health care institution. In such a case the air carrier can extend the period of validity of tickets of people accompanying such passenger.

3.5.3 In the case of death of a spouse or another family member of a passenger who did not commence his/her travel, or death of a passenger en route, persons accompanying such passenger can have the term of tickets extended, and increase in the term up to the time required to stay at the place of the event.

Validity of tickets may be prolonged after the airline receives a duly issued death certificate and for a period not exceeding 45 days from the death date of the passenger. 

3.6 Sequence of flight coupons

3.6.1. The airline shall accept flight coupons only in sequence, starting with the first airport of departure specified in the ticket. The ticket shall be declared invalid, if a sequence of flight coupons has been violated by the passenger.
Air carrier has the right to refuse to transport the passenger and refund the cost of unused flight coupons, if the passenger violated the sequence of used flight coupons through no fault of the air carrier, its sales agents and/or handling agents.

3.6.2. A passenger coupon and all unused flight coupons not previously returned to the airline shall remain with the passenger during a travel and shall be given at the airline’s request.

3.6.3. If the passenger refuses from transportation on one of the itinerary segments, which led to violation of the order of the usage of flight coupons, established by clause 1 of this Article, and is willing to use the other segment of the itinerary or return flight, he/she has to inform the air carrier and reissue the ticket.

3.7 Class of service

3.7.1. The airline shall render servicing to a passenger pursuant to the class of service paid for by him/her. The airline or its sales agent shall inform the passenger during booking and/or ticket issuance on the facilities available in the respective class.

3.7.2.  A passenger accepted for transportation in the class of service specified in the flight coupon on the date of the flight and the flight on which the passenger has a confirmed reservation.

3.7.3. If a ticket is issued to a passenger without a confirmed reservation (reservation status is the other than “OK”), a seat shall be reserved upon request of the passenger when he/she is checked in for the flight, provided the corresponding flight has a seat available in the class which was paid for. If there is not enough time for reservation, the passenger can be accepted for transportation without reservation.  

3.7.4. The air carrier shall be entitled, for technical or commercial reasons, to raise or lower the class of service. In case of lowering the service class, the air carrier must inform thereof the passenger as soon as possible and offer appropriate compensation subject to provisions of the paragraph 5 part 15 of these Rules.

3.8 Term and condition of presentation of tickets for refund
  3.8.1 Tickets can be produced to the airline for refund of paid amount for partially or completely unused transportation, if the applicable fare rules allow such refund in such cases:
  • before departure;
  • during the validity period of ticket for transportation;
  • within 30 days after the expiry of the validity of the ticket. The airline taking into consideration the circumstances that made it impossible for the passenger to timely present the ticket for refund of paid amounts for unused or partially used tickets can extend the period foreseen by paragraph four of this clause.

3.8.3. Termination of the terms specified in paragraph 1 of this article shall not deprive the passenger of the right to make a claim under the provisions of Article 27 of these Rules.

3.9 Abbreviations

3.9.1 Air carrier’s name can be indicated in the passenger ticket (itinerary-receipt),
baggage receipt in the code form ІАТА of the air carrier - «7W», its digital account code - «461» or code ІСАО - «WRC».

3.9.2 Air carrier, its sales agent or handling agent shall acknowledge the passenger during reservation or registration about full name of the airline, indicated in the ticket (itinerary-receipt) in the form of code of the air carrier.